BLOOMINGTON - County policy requires the McLean County Board to investigate an employee's harassment complaint, but the board has no authority to discipline an elected official. | County hires attorney to probe Milton harassment claim | Labor department rejects OT claim against Milton

"Our own policy binds us to investigate but elected officials have internal control," said County Board Chairman Matt Sorensen.

But Sorensen said results of any investigation would be placed on file and could be subpoenaed if someone wanted to pursue a matter further.

On Tuesday, the McLean County Board hired Robert Kearney, the business department chairman at Illinois Wesleyan University, Bloomington, to investigate a harassment complaint filed Sept. 22 by Maria Pascua against County Clerk Peggy Ann Milton.

Pascua, a former chief deputy clerk in the McLean County clerk's office, is currently employed as a contract worker in the clerk's office.

Bloomington attorney Jason Chambers, who has been appointed to represent Milton in this and two other cases, called the investigation "a waste of taxpayers' money" because the county has not authority to discipline elected officials.

Kearney will be paid $242 an hour plus expenses.

Chambers said Thursday he agrees the county should investigate the complaint, but because no penalties are possible for an officeholder, the effort is wasted.

Milton and other elected officials are not exempt from federal employment laws, said Chambers. If Pascua's complaint is filed as a federal matter, federal investigators will conduct their own probe, said Chambers.

"They will do a whole new investigation and the taxpayers will pay for that, too," said Milton's lawyer.

In addition to the county harassment complaint, Pascua said this week she has filed complaints with the state labor board alleging unpaid overtime and with the state human rights commission alleging harassment and hostile work environment with the

Sorensen said that while it is true the County Board can not discipline Milton or any other elected official, it still must investigate the complaint. He noted that the county's policy require that process as does the policy Milton follows in her office.

While the County Board has the ability to hire or fire people working in appointed county offices, it could only "counsel and coach" elected officials in regard to an issue, he said.

"It's extremely unusual," Sorensen said. "We're required to investigate but we can't discipline. It's up to someone else to take the next step."

The law does allow for an elected official to be removed from office if he or she is convicted of a felony.